CO129-454 - Acting Governor Claud Severn - 1919 [4-6] — Page 657

1108

Power of resumption

of land for publis purpose.

Constitution

of Board of

Arbitratora for deter- mination of

No. 10 of 1900.

CROWN LANDS RESUMPTION.

ings, seriously interferes with ventilation or otherwise makes or con- duces to make such other buildings to be in a condition unfit for human habitation or dangerous or injurious to health; and

(e) resumption for any purpose connected with the naval or military forces of the Crown, including the volunteer force in this Colony; and

(d) resumption for any purpose of whatsoever description whether ejusdem generis with any of the above purposes or not, which the | Governor-in-Council may decide to be a public purpose.

8. (1) Whenever the Governor-in-Council decides that the re- sumption of any land is required for a public purpose, it shall be lawful for the Governor to enter into private negotiations with the owner of such land, or any other person having any proprietary in- | terest therein, for the purchase of such land and all the right, title, and interest therein, and, in the case of the failure (in the opinion of the Governor) of such negotiations, or in case it is not known who the owner is, to give notice that such land will be resumed on the expiration of 4 months from the publication thereof and that such compensation will be paid as may be awarded in the manner bere- inafter provided.

(2) Such notice shall be published in the Gazette in English and Chinese, and copies thereof shall be affixed upon a conspicuous part of the land to be resumed, and such publication shall be deemed to be sufficient notice to the owner and to every person interestel in the land or having any right or easement therein.

(3) On the expiration of 4 months as aforesaid, the land shall revert to the Crown and all rights of the owner, his assigns or re- presentatives or of any other person in or over the land or any port thereof shall absolutely cease.

4. After the expiration of 4 months as aforesaid, a Board of Arbi- trators shall be appointed to determine the amount of compensation to be paid in respect of such resumption, which shall in each case compensation CODsist of three members and be constituted in manner following:--

(1) the chairman of the Board shall be such Judge as the Judges nay mutually arrange;

for land resumed.

• As aniended by No. 1 of 1012 and No. 2 of 1912.

As amended by No. 28 of 1911, No. 50 of 1911, No. 1 of 1912 and

No. 2 of 1012.

CROWN LANDS RESUMPTION.

No. 10 of 1900.

3109

(2) the two other members of the Board shall consist of one member to be nominated by the Governor and the other by the owner of the land resumed: Provided always that the member nominated by the Governor may be the Director of Public Works or any public officer;

(3) notice in writing of the nomination by the Governor of a member of the Board shall be forthwith given to the owner by publication in the Gazette, and, if he does not nominate a member of the Board within 7 days from the date of such publication, it shall be lawful for the chairman to nominate and appoint any person, other than a member of the Colonial Civil Service, on behalf of such owner.

of land

5. Where in the opinion of the Governor the value of any land Resumption required to be resumed for a public purpose does not exceed the under value sum of 500 dollars for any one lot or portion of a lot registered in of $500. the Land Office the Governor may authorise the resumption to be carried out in the manner following instead of in the manner prescribed by sections 3 and 4:-

(1) Notice shall be given by the Colonial Secretary to the owner of the land intended to be resumed that such land is required for a public purpose and will be resumed on the expiration of one month from the date of such notice, and that thereupon such compensation will be pail as may be awarded in the manner hereinafter provided. Such notice shall also require the owner to nominate a member to serve on the Board to be constituted as herein provided, and if the owner cannot be found it shall be affixed upon a conspicuous part of the land to be resumed and thereupon shall be deemed to be notice to the owner of the land and every person interested in the land or having any right or easement therein.

(2) On the expiration of one month as aforesaid the land shall revert to the Crown, and all rights of the owner or any other person

in or over the land or any part thereof shall absolutely cease.

(3) After the expiration of one month as aforesaid a Board of Arbitrators shall be appointed to determine the amount of compensa- tion to be paid in respect of such resumption. The Board shall consist of three members resident in the Colony and shall be con- stituted as follows:-

• As amended by No. 18 of 1910, No. 18 of 1911, No. 60 of 1911

and No, 1 of 1912.

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